Madras High CourtWP(MD)/2536/2019dismissed as infructuous

M.Annakkodi v. The Deputy Registrar

2020-10-08Honourable Mr Justice Abdul Quddhose2 pages

W.P.(MD)No.2536 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.10.2020

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.(MD)No.2536 of 2019 and W.M.P.(MD)Nos.1939 and 1940 of 2019 1.M.Annakodi 2.R.Karthikeyan 3.C.Muthuramalingam 4.P.Sivanathan : Petitioners Vs.

1.The Deputy Registrar (Housing), Ramamoorthy Road, Besent Nagar, Baskar Complex, (Near PTR Mahal), Chinna Chokkikulam, Madurai -625 002.

2.The President, DD5, C.Puthupatti Cooperative Housing Society, Vaikal Street, C.Pudupatti (Post), Uthamapalayam Taluk, Theni District - 625 556.

: Respondents RAYER:- Petition filed under Article 226 of the Constitution of India seeking a Writ of Certiorarified Mandamus, to call for the records of the 1st respondent in Na.Ka.306/2017/Sa Pa(1), dated 20.07.2018 and quash the same and consequently, to direct the 2nd respondent to pay pending arrears of wages to the petitioners from August 2016 to November 2018 and to pay wages continuously thereafter.

For Petitioner :Mr.V.O.S.Kalaiselvam For R1 :Mr.C.Ramesh Special Government Pleader For R2 :Mr.S.Arivalagan ****

ORDER

This Writ Petition has been filed for a Writ of Certiorarified Mandamus to quash the impugned order passed by the 1st respondent, dated 20.07.2018 and to direct the 2nd respondent to pay pending arrears of wages to the petitioners from August 2016 to November 2018 and to pay wages continuously thereafter. 2.There is no representation on the side of the petitioner. Counter affidavit has been filed by the first respondent. https://hcservices.ecourts.gov.in/hcservices/ 3.The learned Special Government Pleader appearing for the first respondent drew attention of the Court to pargraph 13(a) of

W.P.(MD)No.2536 of 2019 the counter and submitted that the Writ Petition has now become infructuous, in view of the fact that the first respondent has passed final order on 18.01.2019 under Section 87 of the Tamil Nadu Cooperative Societies Act 1983, subsequent to the filing of this Writ Petition. He further submitted that the petitioner has to challenge the surcharge proceeding initiated by the first respondent under Section 87 of the Tamil Nadu Co-operative Societies Act 1983. 4.Since final order has been passed on 18.01.2019 during the pendency of this Writ Petition, nothing survives for adjudication in this matter. If at all, the petitioner has any grievance, he has to challenge the final order, dated 18.01.2019 passed by the first respondent. Accordingly, this Writ Petition is dismissed as infructuous.

However, there is no order as to costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS) Cmr The Deputy Registrar (Housing), Ramamoorthy Road, Besent Nagar, Baskar Complex, (Near PTR Mahal), Chinna Chokkikulam, Madurai -625 002.

+1 CC to SPL GP ( SR-19627[F] dated 09/10/2020 ) Order made in W.P.(MD)No.2536 of 2019 08.10.2020 VB (19.10.2020) 2P 3C https://hcservices.ecourts.gov.in/hcservices/